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To: sitetest
Yet, you express favor for two Justices who would certainly overturn Roe.

I don't believe they would. I believe they would fix it, if given the opportunity.

Their counterparts would not have anything to do with that idea however.

You really can't say that they would overturn it.

The court cannot simply overturn what it views as bad or unworkable law. it must have a case that it can use to clarify, extend or modify the existing laws.

The idea of overturning Roe is just a pipe dream.

1,483 posted on 11/14/2004 1:08:54 PM PST by Cold Heat (There is more to do! "Mr. Kerry, about that Navy discharge?")
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To: Cold Heat

Dear Cold Heat,

"'Yet, you express favor for two Justices who would certainly overturn Roe.'

"I don't believe they would. I believe they would fix it, if given the opportunity."

What you believe is irrelevant. Writing in dissenting opinions, both have written that Roe is bad constitutional law, and ought to be thrown out.

"The court cannot simply overturn what it views as bad or unworkable law. it must have a case that it can use to clarify, extend or modify the existing laws."

Wrong again. When a case comes to the Supreme Court where ruling one way or other would have the effect of overturning a previous decision, the court usually does not.

But the court may, indeed, overturn a previous decision. The court may, indeed, overturn the precedents provided by previous rulings from previous Supreme Courts.

Look up Brown vs. Board of Education, which overturned a previous Supreme Court ruling in Plessy vs. Ferguson.

In Plessy, the Supreme Court ruled that "separate but equal" was permitted in laws that segregated the races. In Brown, Plessy was overturned, and segregation was ruled unconstitutional.

The court may overturn Roe, and considered it when deciding Casey.

Try again.


sitetest


1,486 posted on 11/14/2004 1:14:11 PM PST by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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